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HomeMy WebLinkAboutRESOLUTION - 63-71 - 9/14/1971 - AMEND ANNEX AGRMT/SZATKOWSKI r i 1 I' RESOLUTIOIJ N0. 63-71 NOW, TIIEREFORE, BE IT RESOLVED by the President and Board of Trustees of. the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1. That the Villa€e President be and is hereby authorized to sign the attached documents marked First amendment to Pre-Annexation Agreement between Joseph A.Szatk:owski & Helen Szatkowski and the Village of Elk Grove Village , a copy of which is attached hereto and made a. part hereof as if fully set forth an(I the Village Clerk is authorized to attest said docvsaents upon the signature of the Village President. Section 2. That this resolution shall be in full force and effect frora and after its passage and approval according to law. PASSED this 14th —day of September ^� 1971 APPROVED this l4th day of September 1971 - President, Atte;t: t , FIRST AMENDMENT TO PRE-ANNEXATION AGREEMENT BETWEEN JOSEPH A. SZATKOWSKI AND HELEN SZATKOWSKI AND THE VILLAGE OF ELK GROVE VILLAGE SAID ORIGINAL AGREEMENT BEING DATED SEPTEMBER 1, 1968 WHEREAS, the undersigned petitioners are the owners of certain real estate located in Elk Grove Vilhge, which real estate is legally described as follows : That part of Lot 5 in the Subdivision of the Estate of Henry Landmeier, being part of Sections 26 and 35, Township 41 North, Range 11, East of the Third Principal Meridian, described as follows : Beginning at a point of intersection of the center line of Higgins Road with a line 189. 64 feet east of and parallel to the West line of the East 6 acres of said Lot 5 ; thence South along a line 189 . 64 feet East of and parallel to the West line of the East 6 acres of said Lot 5, 685 .14 feet to the center line of Landmeier Road; thence Northeasterly along the center line of Landmeier Road, 208. 56 feet to the East line of the West 1/2 of the South East 1/4 of Section 26, thence North along the East line of the West 1/2 of the South East 1/4 of said Section 26, 333 .01 feet to the South line of Higgins Road; thence Northwesterly along the South line of Higgins Road a distance of 19.13 feet to a straight line drawn from the South East corner of the West 1/2 of the South East 1/4 of said Section 26, to a point in the center line of Higgins Road which is 20. 0 feet Northwesterly of the East line of the West 1/2 of the South East 1/4 of said Section 26; thence Northerly along the last described line to the center line of Higgins Road; thence Northwesterly along the center line of Higgins Road to the point of beginning, in Cook County, Illinois; and, WHEREAS, Paragraph 4 of said original Agreement reads as follows: "4. That the owner of the subject property shall deposit with the Village Treasurer the sum of $3, 000.00 to guarantee payment: of his allocated share of water mains installed to service subject property and other property and that said sum will be returned if said. improvement is not installed during the term- of this agreement. " ; and WHEREAS, the retention of -said sum by the Village of the $3,000 deposited by the undersigned owner is deemed at this time to be unnecessary and to work a hardship on the owner. NOW, THEREFORE, . it is agreed by and between the parties hereto as follows : 1. That paragraph 4 as recited above of the aforementioned pre-annexation agreement and said pre-annexation agreement is modified and amended to read ais follows: "4. That the owner of the subject property at the request of the Village President and. Board of Trustees shall deposit within thirty (30) days after written request with the Village Treasurer, the sum of Three Thousand Dollars ($3 , 000.00) to guarantee payment of his allocated share of water mains in- stalled to service subject property and other property, and that said sun► will be returned if said improvement is not installed during the term of this Agreement, that should the owner fail to make such deposit within the time specified , for whatever reason, then the liquor license issued the owner or any tenant of the owner using the property, or his heirs or assigns shall immediately terminate and the Village shall have the additional right to discontinue any public utility service to the property forthwith.. " Upon execution of this Agreement by the parties concerned, The Village of Elk Grove Village shall pay the owners the $3,000.00 heretofore deposited by the owners to guarantee the original pro- visions of Paragraph 4, with the understanding, however, that said amount may be re-requested, as provided for herein. IN WITNESS WHEREOF, the parties hereto have set their hands -2- and affixed their seals this 24th day of September 1971. _(SEAL) oseph A. Szatkowski (SEAL) /Helen Szatkowski VILLAGE OF ELK GROVE VILLAGE By President ATTEST: Village Clerk -3-